Deportation, officially referred to as removal, occurs when the United States government determines that a foreign national has violated U.S. immigration laws and must be removed from the U.S. The Wheaton deportation process varies depending on the circumstances involved.
If an individual enters the U.S. without appropriate travel documents or with documents that are fraudulent, that person may be subject to expedited removal and deported without a hearing. Others, however, have the opportunity to defend against deportation in immigration court, often with the assistance of an experienced deportation defense lawyer.
The government may initiate removal proceedings in Wheaton for a number of reasons. If someone is convicted of a crime, that often triggers the removal process. However, only certain types of crimes are supposed to make someone eligible for removal. An attorney may be able to argue that the crime in a particular case was not one of “moral turpitude” or another offense that would make removal appropriate.
Visa or other immigration violations also provide grounds for deportation in many cases. Entering the country illegally, staying past the time limit on a visa, or violating other terms of a visa could cause the government to initiate removal proceedings.
A third common reason for deportation is fraudulent activity. An individual may be removed for marriage fraud if the government believes that a couple married just so the individual could obtain a green card and that the couple never intended to build a life together. Other fraud that could subject someone to removal might involve making false or misleading statements on a visa application.
Agencies within the U.S. Department of Homeland Security administer and enforce U.S. immigration laws. The Immigration and Customs Enforcement Division, referred to as ICE, is the agency most closely involved with removal proceedings.
Many times, people do not learn that they are subject to the deportation process in Wheaton until the Department issues a Notice to Appear before an immigration judge. The notice should inform the person of the grounds alleged for removal, the nature of the court proceedings, the consequences for failure to appear in court, and the right to be represented by an attorney.
In many cases, the person subject to removal first appears before the judge in a master calendar hearing where that person tells the judge about how he or she expects to defend against deportation. Then, the court then schedules a merits hearing during which the full case is heard.
To stop removal proceedings, an immigration lawyer may recommend two types of strategies. First, it may be possible to argue successfully that removal is not appropriate under the circumstances. For instance, if someone is accused of marriage fraud, it could be shown that the marriage relationship is legitimate, and no fraud occurred.
If the individual is found to be subject to removal, that person could seek relief from removal under one of several grounds. The individual might seek asylum, request a waiver of inadmissibility, or show that he or she was eligible to have removal cancelled. There may be numerous relief options available depending on the circumstances of the deportation proceeding in Wheaton.
The Wheaton deportation process is understandably confusing and frightening. It is wise to follow instructions carefully and take steps to protect your rights and defend your interests. Advice and representation from an experienced immigration lawyer could help you stop or cancel the removal process.
If removal cannot be avoided, it may be advisable to request a voluntary departure. When someone is allowed to leave voluntarily instead of being deported, his or her record would not show a deportation, and this makes it easier to reenter the U.S. in the future.